New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-14
INDIANA LEGISLATORS IN COURT.

GREEN SMITHS CRY FOR A TEMPORARY INJUNC-
TON GRANTED THE CONTESTS FOR SEATS.
TNpIANAPoLis Jan. 13 >pecidD.-The SUIT fled IN
the Circuit Court Of this county late last night by
Green Smith. the usurpng presiding officer OF the Sen
ate asking immediate inunct on to prevent Colonel
Robertson performing the duties OF LieutenantGov-
crnor to cay the least. appear' most extraor
binary proceeding and has various phases that
is now the sensational feature OF the situation. Re-
publicans look upon 1t simply audacious appeal
TO Democratic court for judicial protection OF Smiths
usurpstion, while many believe that it lie appar-
emily, in the light of the case recently decided Ad
verscly to the Democrats proceeding over which the
courts have no jurisdiction that has been instituted
without hope OF favorable ruling and simply as a
means OF letting Smith down from his untenable posi-
ion With some dignity. Tho case was fled wtn mach
secrecy and tie papers were immediately afterward
taken out courpby Suhs attorneysso that nothing
known by the Republicans OF tie grounds Of the
proceedings until this morning The complainant. be-
sides asking tor judgment Of ouster on hnaI hearing
asks the immediate issue of temporary restraining
order the effect oil which would be ~ prevent Colonel
Robertson from eIercsing the duties Ut presiding
officer OF the General Assembly's JOINT sess"n when
the United states SENATOR s elected on wednesday. "a
tue final hearing OF the case cannot DO had until the
hrst Monday in February. wien the regular term of
the COT ri begns Smith AYERS in his complaint that
protection to him Ia necessary to prevent violence
Although he did not receive notice OF tue Hing OF fo
case until late last night. Lieutenant Governor Rob-
appeared in court with his attorneys this morn
ng. and argued that the case was plainly one over
which tho court bad urisdictop and that there 10
really no judicial tribunal that pass upon II. a.
Is matter lodged absolutely in coordinate branch
o. the Government A continuance OF the case was
therefore owed until after the adjournment OF tho
General Assembly. Judge Turpie. United States
Attorney OF Indiana, Democratic Senatorial a,pir-
ant appeared Smiths counsel and argued the quea-
ton OF jurisdiction on the ground that Robersons TAX
lug the oath of office threatened 08nRer hiCh II vas
the duty OF the courts OF this county In which the act
occurred pass upon and that 1t was the only power
tnat could check the progress toward civil war 1he
argument of the attorneys characterized by much
acrimonious feeling
The court ruled that the question presented being
whether not the person charged with purpose TO
90 nm,t violent and unlawful acts should be mpo-
rarly restrained by INJUNCTION until final hearpg Of
the case. 1t would be proper tn take snch as ION II
ru ed the motion for continuance until after the ad-
ournmont OF the Legislature. Exceptions to the rul-
ings were filed by tho defendant aud the question
whether not there is cause Tor the issue OF the in
III cton will he taken up tomorrow. the court urging
haste that the case can he passed upon oy the Su-
preme Court before tho occasion Tor which the mlunc-
ton IL asked ari es.
Another step having an important bearing upon the
struggle taken up to-day in the House IN the ming
OF contests against t0ar more Democratic memoers
The pre- ceedings are against kepre Mososer
Stue Barnes and Shields, and they with kepiesena-
tivss BessIe' and Meagher are unseaed. the hepubi
can majority joint ballot will lie fCnr. resolution
introduced 10 the House By Democratic member
calling tor mmed ate report on the contest against
Representative Mackey. the knight Of l.abof Rebu6
majority.
fhe Republican caucus will probably he held on
Monday night and among the members there Is com
parative serenity Harrison will doubtless command
the iul Republican vote. although there 10 some talk
about opposition to him by two or three mrmbers.
The Democratic Senatorial caucus was held Tonight
sevcnty-twO members being present On the lourth
ballot David Turpe nominated receiving rorty-hve
votes. lex Senator Mcdonald was his principal COM
prttOr -Four Democrats, Knights OF Labor declined to
cuter and II IL not known whether they VIII
support the nominee Mr.. Turpie Is ut present United
States Attorney for indiana His choice is due to Gov
ernor Or rays influence.
ALL FRIENDLY TO GOVERNOR ROBINSON.
Boston. JAN 13 ('pecab.-rhe Senate contest IN this
State Is the all absorbing political topic at present The
friends OF Senator Dawes and Congressman John d. Long
wagng the contest that has been known
In the Republican ranks In Massachusetts, for years The
Long have endeavored to into caucus, but the
Dawes have opposed this and conference was
agreed to substitute. was held at the state House
this afternoon, and lively meeting The Long men
endeavored to have informal ballot taken but the
Dawes refused TO consent. and the conference ao
Journed without action. ,
There Is the least doubt that Governor Robinson
would be elected promptly as compromise cahui'e
II he would consent to permit his name ~ DO used
SENATOR HAWLEY RENOMINATED
HARTFORD. Jan. Is tSpecab.-The Republican mem-
I'm a a